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Trademark

Growing up in a series of bands with close friends — who seemed to agree on virtually everything else — I was shocked by how long it would take us to see eye to eye on a name. Once we settled on a name, we would scramble to see if it was available only to find that someone beat us to the punch. Crushed, we would start the process all over again.

Can you relate?

We all put so much effort into crafting the perfect band name because we understood the importance of this element of our branding. Having a memorable name that expresses something about your group is a critical step toward building a following and a lasting career.

Unfortunately, though, some groups run into trouble. If you discovered another band starting using your name, what would you do? Would you dig in your heels and fight or abandon the name you love?

If you are anything like me, you would do whatever you could to stop them. After all, isn’t your band name — that name you worked so hard to find — worth fighting for?

Imagine the consequences if you don’t: the fans you’ve made through touring and selling records will be totally confused and potentially lost if this copycat grows in popularity, leaving you back at square one. This is a problem that needs to be addressed and a trademark registration is one of the most powerful tools you can have to resolve the issue.

What Every Creative Entrepreneur Needs to Know About Trademark Registration

It’s a sad but all too common story.

A local small business owner who failed to go through the trademark registration process receives a cease and desist letter from an out-of-state company they’ve never heard of demanding that they immediately stop using a trademarked word/logo or face an expensive federal lawsuit.

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If you are anything like me, odds are that you turn to Google several times a day to fact check anything and everything.

Similarly, we turn to the all-knowing Internet to research products and services before we buy. Recent statistics indicate that almost five billion (that’s a whopping nine zeroes) Google searches are executed per DAY — an incredible stat, but what does this have to do with my business? And how can I dramatically improve my SEO with trademarks?Continue Reading…

Hello My Name Is Success by OneWayStock.com, CC Attribution-NoDerivs License

How to Name Your Business

Stop. Don’t spend anymore time and money developing business name ideas or even building your existing company until you have deeply considered whether your brand is trademarkable.

Naming your business is a real challenge. Even if you think you struck gold with a catchy name and an available .com, your work has only just begun.

The sad reality is that many business names are simply not protectable under trademark law. If a business name is not protectable, any competitor could conceivably set up shop under the same brand. Imagine how confused your customers would be if another company with a nearly identical name as yours opened for business down the street. It’s a potential disaster that could and should be avoided.

A basic tenet of branding is the importance of crafting a name that sets you apart. Ideally, this is a unique identity that instantly gives your customers a feeling about your brand and clearly identifies your business as the source of certain goods or services. No matter where you are in the branding process, it’s important to ask: how protectable is your brand name?